GR L 62607; (December, 1982) (Digest)
G.R. No. L-62607 December 15, 1982
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOMINGO CASTUERA, defendant-appellant.
FACTS
Appellant Domingo Castuera pleaded guilty to homicide for hacking Teodorico Madrigalejos with a bolo, causing his death. The incident occurred after both men had been drinking together. The victim, who was intoxicated, reprimanded the appellant about his drinking habits. When the appellant retorted, the victim suddenly stood up and boxed him. Provoked, the appellant then unsheathed his bolo and delivered the fatal hack. After the incident, the appellant voluntarily surrendered to the authorities.
The trial court found three mitigating circumstances: sufficient provocation by the victim immediately preceding the act, voluntary surrender, and a plea of guilty. With no aggravating circumstances, the court sentenced him to an indeterminate penalty of five (5) years of prision correccional, as minimum, to eight (8) years of prision mayor, as maximum. The appellant appealed, contending the penalty was excessive.
ISSUE
Whether the trial court correctly applied the penalties considering the presence of three mitigating circumstances and the provisions of the Indeterminate Sentence Law.
RULING
The Supreme Court modified the penalty. The prescribed penalty for homicide is reclusion temporal. Under Article 64, Rule 5 of the Revised Penal Code, with three mitigating circumstances and no aggravating circumstance, the penalty is lowered by one degree to prision mayor (6 years and 1 day to 12 years). The number and nature of these circumstances—particularly the voluntary surrender and plea of guilty showing remorse and saving state resources—justify applying the minimum period of prision mayor.
Thus, the maximum term was reduced to seven (7) years. For the minimum term under the Indeterminate Sentence Law, the Court must select a penalty within the range of the penalty next lower in degree, which is prision correccional (6 months and 1 day to 6 years). Guided by the rehabilitative purpose of the law and the mitigating circumstances, the Court exercised its discretion to reduce the minimum to two (2) years of prision correccional. The final indeterminate sentence imposed is two (2) years of prision correccional, as minimum, to seven (7) years of prision mayor, as maximum.